What is the standard of review for determining the value of a property?

MultiRegion, United States of America

The following excerpt is from Wash. Mut., Inc. v. United States, 856 F.3d 711 (9th Cir. 2017):

9 We need not decide whether the ascertainability of an asset's value is a question of law or of fact, thus affecting our standard of review. Compare Steen v. United States (In re Steen), 509 F.2d 1398, 1404 n.9 (9th Cir. 1975) ("While the amount of the fair market value of property is a question of fact, whether value is ascertainable is reviewable question of law."), with Clodfelter v. Comm'r, 426 F.2d 1391, 1395 (9th Cir. 1970) ("Whether property has ascertainable market value on a particular date and the amount of that value is a question of fact."). Under any standard of review, we agree with the district court that the evidence was insufficient to derive a value.

Other Questions


What is the standard of review for the purpose of determining whether a "sham" is reviewed in the absence of palpable error? (Canada (Federal), Canada)
On appeal from an appeal from a judicial review, what is the role of the appeal judge in determining the proper standard of review? (Canada (Federal), Canada)
What is the standard for reviewing a court's findings of fact concerning value of property? (federal, United States of America)
What is the standard of review for a bankruptcy judge to determine that a factual determination is clearly erroneous? (federal, United States of America)
What is the standard of review for the purpose of determining whether a company has infringed a registered trademark? (Canada (Federal), Canada)
What is the applicable standard of review and what is the deference required to review? (Canada (Federal), Canada)
What is the standard of review applicable to review of a decision of an adjudicator appointed pursuant to the Canada Labour Code? (Canada (Federal), Canada)
Does the presumption of reasonableness review automatically engage with correctness standards of review? (Canada (Federal), Canada)
What is the standard of review applicable to a judicial review of a decision of an adjudicator appointed pursuant to the Canada Labour Code? (Canada (Federal), Canada)
What is the standard of review for res judicata determinations? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.